Guidelines for Establishing Satellite-based Communication Networks

(F. No. 60-SATCOM Plan/DoS/2020-SAT Dated: 26.10.2022)

Government of India Ministry of Communications Department of Telecommunications (Satellite Licensing Division)

F. No. 60-SATCOM Plan/DoS/2020-SAT Dated: 26.10.2022

GUIDELINES-2022

Guidelines for establishing satellite-based communication network(s)

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CONTENTS

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Chapter-I

1. Licensing regime of DoT for satellite-based communication services

1.1 Satellite based communication services can be provided within the respective scope of the following licenses/authorizations issued under Section 4 of the Indian Telegraph Act, 1885:

(i) Global Mobile Personal Communication by Satellite (GMPCS) Service authorization under Unified License (ii) VSAT CUG Service authorization under Unified License for commercial service (iii) In-Flight and Maritime Connectivity (IFMC) Service authorization (iv) Captive VSAT CUG license (v) National Long Distance (NLD) Service authorization under Unified License

Besides the above, satellite-based connectivity can also be provided under other authorizations of the Unified License, viz. Access Service as per the scope of the respective license.

1.2 The scope and some of the salient features of the above mentioned licenses/authorizations have been described briefly for use of satellite media in the succeeding paragraphs, for the sake of easy comprehension. However, applicants are also advised to refer all the applicable terms and conditions of respective license agreement/guidelines available on DoT website.

1.3 Global Mobile Personal Communication by Satellite (GMPCS) Service

1.3.1 The scope of this license is to provide, inter-alia, all types of mobile services including voice and non-voice messages, data services by establishing GMPCS Gateway in India utilizing any type of network equipment. The service may be provided using one or more Satellite Systems provided that the Land Earth Station Gateway Switch is established separately in India for each Satellite System. The licensee may also provide satellite-based data connectivity to the IoT devices/Aggregator devices.

1.3.2 All calls originating or terminating from Mobile Terminals in India shall pass through the GMPCS Gateway Switch located in India. Such calls will not be routed through any other Gateway located outside India.

1.3.3 The issuance of Letter of Intent (LoI) for GMPCS authorization shall be subject to security clearance of the proposal by an Inter-Ministerial Committee.

1.3.4 The licensee is to make available the adequate monitoring facility at the GMPCS gateway in India to monitor all traffic (traffic originating/terminating in India) passing through the applicable system.

1.3.5 The Licensee shall disclose complete details of terms and conditions of the contracts/licenses entered into with its parent/associate company and/or space-segment/ satellite-system owner/operator including those contained in contracts/licenses issued by the Governments/Authorities of the country where the parent/associate company is registered and/or carries on its business prior to grant of license and before security clearance for the service in India.

1.4 VSAT CUG Service authorization under Unified License for commercial service

1.4.1 The scope of this service is to provide, inter-alia, data connectivity between various sites scattered within territorial boundary of India using VSATs. The users of the service should belong to a Closed User Group (CUG).

Commercial VSAT CUG license can be used to provide backhaul connectivity to the Access Service providers for cellular mobile services and for establishing Wi-Fi hotspots.

The licensee may also use the VSAT terminal to aggregate the traffic from M2M/IoT devices/aggregator devices of the CUG and also to provide backhaul connectivity to service providers having license/ Authorization/ Registration for M2M services.

However, PSTN/PLMN connectivity is not permitted except the backhaul connectivity mentioned above.

User terminal stations on moving platform(s) are also permitted for provisioning of connectivity subject to compliance to relevant TEC standard(s) and conditions mentioned therein.

1.4.2 Definition of Closed User Group (CUG):

A Closed User Group is permissible for following categories of business association:

(i) Producer of goods and his trader/agent; (ii) Provider of service and his trader/agent; (iii) Producer of same category of goods (e.g. manufactures of petroleum products); and (iv) Provider of the same category of service (e.g. bank).

Provided that ultimate consumer of a service or a product shall not be a part of the Closed User Group.

A Closed User Group can also be formed among a holding company and its subsidiaries, these terms being defined as per the Companies Act 2013. Provided that such Closed User Group shall be only for the purposes of legitimate internal business communications of the group.

1.5 In-flight and Maritime Connectivity (IFMC) Service Authorization

1.5.1 A company can obtain In-flight and Maritime Connectivity (IFMC) Authorization to provide wireless voice or data or both type of telegraph messages on ships within Indian territorial waters and on aircraft within or above India or Indian territorial waters. The IFMC Service Provider so authorised may provide such services in geographical areas such as Exclusive Economic Zones (EEZ), High Seas, etc. in accordance with the rights granted to State under the international laws.¹

1.5.2. A licensee shall be eligible to apply for authorisation to provide IFMC service if it:

(a) holds a license for access service or an ISP category A license; and (b) holds an NLD license or a Commercial VSAT CUG service license, and has satellite gateway earth station within the service area of the license as specified in clause (a), in case connectivity through satellite is used.

1.5.3 The following companies shall also be eligible to apply for authorisation to provide IFMC service by entering into commercial agreements as referred to in clause 1.5.6 and 1.5.7, namely:

(a) any Indian airlines company or foreign airlines company having permission to enter Indian airspace by the Directorate General of Civil Aviation; (b) any Indian shipping company or foreign shipping company whose vessels or ships call Indian ports or transit Indian territorial waters and intend to carry out communication for non-GMDSS (Global Maritime Distress and Safety System) [routine] or for commercial purpose; and (c) any company incorporated under the Companies Act, 2013 (18 of 2013) or under any previous company law.

¹ As per DoT clarification No. 20-504/2016 AS-I, Vol.-11 dated 21st May 2019

1.5.4 A licensee referred to in clause 1.5.2, may provide voice or data or both services in accordance with the scope of the license, held by it.

1.5.5 Data service may be provided by the IFMC service provider through Wi-Fi.

1.5.6 For providing data service, the companies referred to in clause 1.5.3, shall enter into a commercial agreement with at least one licensee of –

(a) access service or ISP category A; and (b) commercial VSAT CUG service or NLD service, having satellite gateway earth station within the service area of partnering licensee as referred to in clause (a), in case connectivity through satellite is used.

1.5.7 For providing voice and data service, the companies referred to in clause 1.5.3, shall enter into a commercial agreement with at least one licensee of –

(a) access service; and (b) commercial VSAT CUG service or NLD service, having satellite gateway earth station within the service area of partnering licensee of access service, in case connectivity through satellite is used.

1.5.8 The applicant shall carry out lawful interception and monitoring. For establishing connectivity to a Centralised Monitoring System, the IFMC service provider at its own cost shall arrange either itself or through its partnering licensee, appropriately dimensioned hardware and bandwidth or dark fibre upto a designated point as required by the DoT.